Pleading

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In Rodriguez v. Buffalo Municipal Housing Authority, 23-CV-87-LJV, 2024 WL 3861247 (W.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a prima facie case of discrimination under Title VII, the…

Read More Title VII Race Discrimination Claim Sufficiently Alleged Against the Buffalo Municipal Housing Authority
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In Delaney v. New York City Health & Hosps., 2024 NY Slip Op 32769(U), Index No. 525072/2021 (N.Y. Sup. Ct. Kings Cty. August 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of gender and race discrimination asserted under the New York State Human Rights Law. Plaintiff’s allegations included the following:…

Read More Race, Sex Discrimination Claims Sufficiently Alleged Against NYC Health & Hospitals
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In Douse v. Walmart, No. 24-cv-2541, 2024 WL 3744357 (E.D.Pa. August 9, 2024), the court denied defendant’s motion to dismiss plaintiff’s age- and race-based claims of constructive discharge and hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). As to plaintiff’s discrimination/constructive…

Read More Race, Age Constructive Discharge and Hostile Work Environment Claims Sufficiently Alleged Against Walmart
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In Palmer v. ECapital Corp. et al, 23 Civ. 4080 (DEH). 2024 WL 3794715 (S.D.N.Y. Aug. 13, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims. In sum, plaintiff alleged that she was disparately treated as compared to her male predecessor, a male colleague who eventually replaced her, and male…

Read More Sex Discrimination Claims Asserted by Replaced Female CEO Survive Dismissal
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In Applewhite et al v. N.Y.C. Dept. of Education, 2024 WL 3718675 (E.D.N.Y. Aug. 8, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s failure-to-accommodate religion claim. From the decision: A plaintiff bringing a Title VII religious discrimination claim for failure to accommodate must allege that she “(1) has a bona fide religious…

Read More Failure to Accommodate Religion Claim Dismissed, Absent Allegation of Conflict Between Religious Observance and Employment Requirement
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In New York practice, the “Bill of Particulars” is a widely-used device to obtain more detail – “particulars” – about a legal claim (either a plaintiff’s affirmative claims, or a defendant’s affirmative defense(s)). Technically, even though the Bill of Particulars (referred to as a “BP” by New York litigation regulars) is not a “discovery” device,…

Read More The “Bill of Particulars” in New York Practice
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s various discrimination claims asserted under federal law (namely, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities…

Read More Hostile Work Environment Claims Based on Race, Gender, Sexual Orientation, and Disability Survive Dismissal
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In Meckeler v. Cornell University et al, 2024 WL 3535488 (N.D.N.Y. July 25, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of discrimination based on sexual orientation. From the decision: As Defendants argue, Plaintiff was able to outline many events in detail. For example, she laid out a verbatim conversation wherein…

Read More Sexual Orientation Claims Dismissed; Court Cites Absence of Detail Regarding “Derogatory Behavior” Referencing Sexual Orientation or “Gay Stereotypes”
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In Graham et al v. Cha Cha Matcha, Inc. et al, 23 Civ. 9911 (PAE), 2024 WL 3540324 (S.D.N.Y. July 25, 2024), the court, inter alia, held that plaintiffs sufficiently alleged a race-based hostile work environment claim under under 42 U.S.C. § 1981. The court summarized the black-letter law as follows: Section 1981 provides that…

Read More Race-Based Hostile Work Environment Sufficiently Alleged; Allegations Include Repeated Virulent Racial Slurs by Supervisor Over Several Months
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In Veras v. City of New York, No. 159560/2023, 2024 WL 3522161 (N.Y. Sup Ct, New York County July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York City Human Rights Law. In sum, plaintiff – an NYPD employee – alleges that after…

Read More Disability Discrimination Claim Survives Dismissal; Allegations Include Threatening and Demeaning Comments
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